Venkat
08 May 2024 at 13:13
Dear experts:
I am asking this query on behalf of my friend. A will deed (unregistered) was executed by the deceased testator bequeathing her A, B, C, and D schedule properties to her four children (two sons, two daughters) equally. i.e., Property A to Son S1, Property B to Daughter D1, Property C to Son S2 and Property D to Daughter D2.
While the testator was alive, she executed a registered gift deed in favour of S1 and D1 to the same extent as in the bequeathed will deed (i.e., A to S1 and B to D1).
Now the problem is, while D1 has given her consent to executing the will deed so that S2 and D2 get their share (properties C and D), son S1 is not agreeing to give a "no objection" letter.
The questions now are:
What is the fate of the will deed? Would it be valid now?
How to proceed legally so that the court declares the properties mentioned in the will deed for S2 and D2 belong to them?
Advocates hired were also not sure how to proceed in this abnormal situation, which is why advise from learned experts here is sought.
Thank you very much in advance,
Best regards,
Venkat
Anonymous
05 May 2024 at 12:06
Respected sir, we have a Mhada flat which was in father's name post his death transfered in mother's name . We are 3 children can my mother gift deed it to my brother without other 2 siblings knowledge to counter that what should we do ?
Gormy15
02 May 2024 at 21:36
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Harvinder Singh
02 May 2024 at 17:04
I am fighting my Property case with my beothers in civil court.
I want that my brother's either pay me for my share of land in cash or if they don't have money, then they can sell the hole Property and pay me my share. Because if we divide the land in 3 part. It has no valueas the face of the Property is just 20 feet wide.
My lawyer says that it is not possible.
I have no job and no other income source, Due to my health issue.
This Property share is all I have to make living for the rest of my life.
What can I do.
Harvinder Singh
01 May 2024 at 19:40
From last 8 months and 5 dates has passed and my case is stuck at Consideration application u/o 6 rule 17 cpc.
The other part is waisting our and courts time.
Can we speed up or ask to move ahead.
Nikhil Angeer
28 April 2024 at 23:40
Na plot developers mentioned that individual 7/12 won't be given however society will be formed for the project and a share certificate will be given. Wanted to know if this is correct or something is fishy here ?
Anonymous
26 April 2024 at 15:08
I intend to purchase a flat in the Cuffe Parade area of Mumbai. Although the flat ownership papers are clear it has come to light that the leasehold land of BMC on which the building resides has not been renewed in over 10 years. I have been informed that this is common practice for many buildings in the area. Is there a risk of BMC ever taking back possession of the land (and thus my flat) away citing this reason. Are flat owners protected from losing their flat and investments through any law? And finally, if BMC renews the lease will it be at exhorbitant market rates that currently stand? Thank you.
BHARTI KOTHARI
26 April 2024 at 06:23
There is space crunch for the car parking and therefore they want to park before the shops what are the remedy
Anonymous
24 April 2024 at 11:42
I have own one flat among four flats in chennai. Four owners are different owners. One of the women owner of Flat is died 15 years back and her husband's where about is unknown to us. The brother of deceased owner enjoy the benefit of that flat since then. There is no legal transaction between the brother and sister for the right on the Flat. Now all other three owners are willing to sell our respective flat which not possible as the fourth owner is NOT alive for signing the documents. In this situation what will be the legal way of selling our flats to the third parties or any builders.
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Completion certificate of the building
Hi,
My question is related to a building apartment. A promoter (local) entered into a development agreement of land to build a G+4 storey building on 13th December 2016. We have received an occupancy certificate issued by Baranagar Corporation dated May 14th, 2018. However, the completion certificate has not been provided despite multiple reminders to the Promoter. Some work is still pending in the building. There are 20 residential flats and 5 commercial shops. Flat owners have not formed a legal apartment association yet, and building maintenance is carried out on a mutual understanding basis.
As the completion certificate has not been handed over yet, several questions arise:
1) Can we issue a legal notice to the promoter to provide the completion certificate within a specified timeframe?
2) Since the occupancy certificate has been issued but the completion certificate has not, if any issues arise in the building, such as a breakdown of the lift, automated water pump failure, or structural damage to the walls, who is responsible as of now? Is it the promoter or the flat owners?
3) Suppose the completion certificate is provided after 1 or 2 months but pending work remains incomplete. Can legal action still be taken against the promoter and the issuing authority?
4) As the apartment association has not been formed yet due to some flat owners, can we compel the flat owners to establish a legal apartment association/society? It is most important question.
Please guide on these matters.